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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.: 333 of 2020
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Decided on: 15.01.2020
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Desh Raj .…Petitioner.
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Versus
State of Himachal Pradesh and others …Respondents.
Coram
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The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 Yes
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For the petitioner : Mr. Arsh Rattan Advocate vice
Mr. Anup Rattan, Advocate.
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For the respondents : Mr. Ashok Sharma, Advocate
General with M/s Adarsh
Sharma, Anil Jaswal and Shiv Pal
Manhans, Additional Advocate
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Generals.
Ajay Mohan Goel, Judge (Oral)
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CMP No. 1158 of 2020
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Allowed and disposed of.
CWP No. 333 of 2020
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2. Notice. Mr. Adarsh Sharma, learned Additional
Advocate General accepts notice on behalf of the respondents.
3. Learned Counsel for the petitioner submits that
the limited grievance of the petitioner is that despite his
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having been ordered to be transferred vide Office Order dated
02.01.2020 (Annexure P-1) from IPH Division Pooh, Sub
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Division Pooh, Section Namgia to IPH Division Nalagarh
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against vacancy, he is not being relieved from his present
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place of posting on the ground that till his reliever joins in his
place, he cannot be relieved. Learned Counsel for the
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petitioner argues that this act of the respondent-State is
arbitrary as when the petitioner has already completed his
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normal tenure in tribal area, then his relieving cannot be
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delayed on the pretext of non-joining of his reliever because
that is not in the hands of the petitioner.
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4. On the other hand, learned Additional Advocate
General has argued that there is no arbitrariness in the
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decision of the State because the services of the petitioner are
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required at his present place of posting till a reliever joins in
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his place, who stands duly transferred vide transfer order
Annexure P-1 itself and it is just a matter of time and as as
soon as his reliever will join the station, the petitioner shall
be relieved.
5. Having heard learned Counsel for the petitioner as
well as learned Additional Advocate General this Court is of
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the view that the transfer order of the petitioner cannot be
frustrated by not relieving him on the pretext that as he is
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serving in a tribal area, therefore, he shall be compelled to
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serve at his present place of posting until he is relieved by a
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reliever.
6. Respondent-State is the employer. It has already
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transferred an incumbent in place of the petitioner. If the
State is not in a position to implement its transfer order by
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ensuring joining of an incumbent in an hard or soft area,
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then the other incumbent, who is serving in the hard and
tribal area and who is ordered to be transferred to a soft area,
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cannot be compelled to stay at said station on account of said
act of omission and commission of the State. It is for the
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State to implement its transfer orders, and in case, an
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incumbent who has been transferred in place of the petitioner
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is not complying with the transfer order, then the State is at
liberty to fill up said post by transferring some other person
in place of the petitioner and/or take appropriate disciplinary
action against the incumbent who has been ordered to be
transferred to the said station and who is not complying with
the direction so passed by the State. However, the petitioner
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can be made to wait in perpetuity as far as his joining at new
place of posting is concerned.
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7. Accordingly, this petition is disposed of with the
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direction that in case respondent-State is not able to provide
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a reliever in place of the petitioner up to 31.01.2020, then the
petitioner shall be deemed to be relieved from his present
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place of posting, i.e. IPH Division Pooh, Sub Division Pooh,
Section Namgia, on
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01.02.2020 and join his new place of posting, i.e. IPH Division
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Nalagarh, where he has been ordered to be posted vide Office
Order dated 02.01.2020 (Annexure P-1).
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8. The petition stands disposed of in above terms, so
also pending miscellaneous application(s), if any.
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Copy dasti.
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(Ajay Mohan Goel)
Vacation Judge
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January 15, 2020
(narender)
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